Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
3 December 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER ON APPLICATION BY THE ACCUSED TO ADD FOUR WITNESSES TO HIS WITNESS LIST
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused
Mr. Slobodan Milosevic
Court Assigned Counsel
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amici Curiae
Prof. Timothy L.H. McCormack
THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),
BEING SEISED OF a confidential memorandum from the Pro Se Legal Liaison Officer, Ms. Anoya, attaching a letter from one of the legal associates of the Accused, Mr. Ognjanovic, seeking to add four defence witnesses (named in the letter) to defence witness list, who it is intended would testify on 9 December 2004 ("Application"), and submitting that
NOTING the statement by Ms. Anoya in her memorandum that she had "informed Mr. Ognjanović of the obligation on Mr. Milosevic to submit this request in writing to the Trial Chamber seeking leave to add the new witnesses to the list",
NOTING that the Trial Chamber has received no response to the application from the Prosecution and that the 14 day period for responses under Rule 126 bis of the Rules of Procedure and Evidence ("Rules") has now passed,
CONSIDERING that, although the application is deficient both in its form and content, the Trial Chamber will consider it,
NOTING the Trial Chamber’s "Order Concerning the Preparation and Presentation of the Defence Case", issued on 17 September 2003, in which the Trial Chamber stated that it "may refuse to hear a witness whose name does not appear on the Accused’s list of witnesses. If the Accused wishes to add any witnesses or exhibits to his witness list after the Pre-Defence Conference, he must apply to the Chamber for permission to do so showing good cause",1
CONSIDERING that
PURSUANT TO Rule 54 of the Rules
HEREBY REFUSES THE APPLICATION without prejudice to the Accused being allowed to make future written applications which address the deficiencies in the application explained above.
Done in English and French, the English text being authoritative.
___________________
Judge Robinson
Presiding
Dated this third day of December 2004
At The Hague
The Netherlands
[Seal of the Tribunal]